Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Unlawful assembly Murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s. 148, s. 302 r/w s. 149, ss. 452 and 325 r/w s.149 - Murder - Unlawful assembly assaulted victim with various weapons resulting in his death - One injured eye- witness - Conviction of accused-appellants - Justification - Held: Justified - No reason to disbelieve the version of injured eye-witness (PW-5), the mother of the victim who 'Sustained injuries while trying to save her son - High Court rightly concluded that the appellants caused fatal blows due to which the victim succumbed to injuries while on the way to hospital - Also, as per the medical evidence, the injuries received by the victim at the instance of the appellants were sufficient to cause death in the ordinary course of nature. Sentence I Sentencing - Murder case - Death caused due to assault with various weapons - Accused-appellants convicted u/s.302 IPC and sentenced to life imprisonment - Plea of appellants for leniency in sentencing - Held: Not tenable, since prosecution established its case beyond reasonable doubt, particularly, role of the appellants who caused fatal injuries - Conviction u/s. 302 being affirmed, the Court cannot impose a lesser sentence than what is prescribed by law, however, taking note of the age of appellant no. 2, he is free to make a representation to the -Government for remission - Penal Code, 1860 - s. 302. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 152 |
Petitioner | Ramswaroop And Another |
Respondent | State Of Madhya Pradesh |
SCR | [2013] 4 S.C.R. 198 |
Judgement Date | 2013-03-12 |
Case Number | 673 |
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